THE PRESIDENCY

SMALL CAUSE COURTS ACT. 1882

ACT No. XV OF 1882

, ""

,[l,'4t1;tMarch,1882]

An ,Act to, consoUdate 'and, amend i the law relating to the Courts
of SmaU. Causes .estabUshed in ,the Presic;le~cy-to\Y,l1S.
WHEREAs;
it'isexpedient to consolidate and amend the law n~rating.to
the Courts OfSmall Causes establishedin1:he towns of Calcutta, Madras

and
" Bp~b~y
j';'
,', ;It
'. is here1;>yenacteqas
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,"follows:,

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CHAPTER I

fi',

..PRELIMINARY'
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1. "ThisAet rimy be called the Presidency SniallCause"Co'urts'

i 88'2 ':i.and'it shall c6me'intO f6rce6ri 'thefIrSf day EfJu'ly' 1882J
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Act,""Short title,
,i' r;~",,'and com1

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mencement",

But nothing hereiifcontaii1ed shall affect the provisions ofille Army Act
(44 and 45 Viet, C, 58),2 **section 151, or the rights or liabilities ofaily
perspn4Hp.?1fta,p:y,d;e~Fe~,pcp'~s~dif1?e.fRx;e

2.

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Rep. by the Repealing Act, 1938 (I of 1938). s. 2 and Sch;

'3; ';-~'Rep;by~the ~epealing

4.

V;1at;d~y.,,;~),

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fy ~, !Repefll, 'of
, enactments,

Ad, 1938 (I'OfI938);. s. ~C!l1d 'Sch!' ,

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"1f'
' , n"f,IU:'lndr 'k'

Amendments

:-'ofActs,

In this A~t, "tbe, Small ,~ause Court ~,means tbe CQUr,t of Small

"Sma]l~\l!)e

Chuses constituted url:der' th"(s!Act in the 'to\rnsbf' calcutta., Madf~~!or c~~;:t'~

~d
"Regi
.' ',s tr~,.
Bb&b~y:as
tlie
case'n~ay'be:
:3 (ahd"the expressionioiRegi~tfari.. i.:i~lude!:hf d fi d
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O,eputy.,'egistrar. R

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CONSTITUTION
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c H.AfYfER II

AND OFFICERS
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OF TIlE COURf
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5~~(~1:l!ere s,hwJ,Q~jn ;~ach, of ,the towp-sof C,alcutm. ,Madr:as -and ,Courts of

BoIp QilY,a,Court
tobe;lcaUeq
,tne,Cpurt,
of-small
Ccp.Js,es,of 0fjllmltt~hSmall~auses
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~""'establIshed.
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M~dra~

~r,~o,I,11bay as tp.~,~a~e jmay ~e., ,

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I ~o~.Statem~n~ o~Q~te~ts an<,lR~as~ri~. s# G~tte~f ~n!iia,) ~~Q,})t.:v 'J>:"3?!?i fE,r}i!!!('

Report of the Select Committee,.se~ibid. 1881, Pt. V,.p. 981,.,Jor fuIj:h~r ~eportJ)fthe
Select Committee see ibid, 1882, Pt. V,. p. 3;'fotProceedillgs
in COlu;tcil,',see,ibit.
S:upplement. 1880, pp. 113941d 1433,; i?ilJ 188?, puppleme?~!p: ,2041<ip,dibid..,~8~~;

Extra Supplement.
p. 43,
',.-',
This Act has been amended
in its local application

'1"
by Bengal

'1""""""'"
l\ds'4o(

Bombar
~L5
~f 1933 and P4a9ra~A<;ts
5q~ ,191Bp3!()(,J~?f'Mq.~
2 The figures "1881" rep. by Act 12 of 1891."
3 AddedbyAct30fI899.s,2.
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A-2440-2,

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1922'and

2() pC}932

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Presidency

Small Cause Courts Act, 1882"iIcr

.
Court to be
6. The Small Cause Court shall be deemed to,be
deemed
under Superintendence
ofthe High Court of Judicature,at
superintenor
Bombay,
as
the
case may be, within the meaning
dence, etc.
of High respectively, dated the 28th day ofOecember 1865,
Court.

XV'OF1882

a Court subject to the

Fort William, Madras

of the Letters Patent,
for such High Courts,
and within the meaning of the lCode of Civil Procedure (XIVof 1882) 2[and

to be a Court subordina.te to the High Court within the meaning of

'section 6 of the Legal Practitioners Act, 1879 (XVIIIof 1879)), and the High
Court shall have, in respect of the Small Cause Court the same powers as
it has under the 3[twenty-fourth and twenty-fifth of Victoria, Chapter 104,
section 15, in respect of Courts subject tp.its appellate jurisdiction.)
Appointment

4[7. 5[(1)) There shall be appointed from time to time a Chief Judge of
.
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the Small Cause Court and ?s many other judges as the 6[State) Government thinks fit).
'

of Judges.

7[.(2)The State Government may also appoint any person to be an

Additional Chief Judge ; and the .Additional Chief Judge shall exercise
such powers and perform such duties of the Chief Judge under this Act
or under any'law for the time being in force, as the State Government may

directJ.
8.

Rank and
precedence

/;

The' 'Chief Judge shall be the first of the Judges in rarik and
,

of Judges.

precedence,

The' other judges shall have rank and precedence

Government may, from time to time, direct.
.Performance
of duties of

as the 6[State)

8[8A. (1) Outing. any absence of the Chief Judge or any Judge
of the
.
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d C rt
d
th
d
h
h
J
d
ti
absentJudge. sal
o~, or unng
e peno lor w IC any .u ge IS ac ng as Ch Ief
'

Judge, the

[State] Government may appoint any person, having 4[the.

requiste.qualifications),
as the case may be.

to, act as chief Judge or Judge of the said Court,

(2) Every person so appointed shallbe authorised to perform the duties

~fthe Chief Judge or a Judge ofthe said court until the return ofthe absent
chief Judge or Judge or of the Judge acting as Chief Judge, or until 'the
6[State) Government sees cause to cancel the appointment of such acting
Chief Judge, or Judge as the cas,e may be.)
2

See. now the Code of Civil Procedure.

Ins. by Act I of 1895, s. 2.

The Indian

High CourtsA,ct.

1908 (Act 5 of 1908).

1861, rep. by the Government

ofIndiaAct.

Government of India Act. 1935 (26 Geo. 5. 5. Ch. 2) s. 224.

4
5
6
7
8

Subs. by the A. 0: 1937.

Section 7 was renumbered

1915,

See now the

.
as Sub-section

Subs. by the A. O. 1950.

Added by Mah. Act. 15 of 1966. s. 2..
Subs. by Act 3 of A. O. 1889. s. 3.

(1) thereof by Mah. Act 15 of 1966, s. 2.

ACfxv OF 1882) Presidency

Small Cause Courts Act. 1882

1[9. (1) The High Court may, from time to time, by rules, having the Procedure
force of law,-

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2(a) prescribe the procedure to the followed and the practice to 'be
observed by the Small Cause Court either in supersession of or in addition
to ~y provisions which were prescribed with respect to the procedure or
practice of the Small Cause Court on or before the thirty-first d~y of
December 1894, in or under this act or any other enactment for the time
being in force; and
3(aa} empower the Registrar to hear and dispose of undefended suits

and interlocutory applications or matters, and)

and
practice of
Small
Cause
Court.

(b) cancel or vary any such rule or rules.

Rules made under this section may provide among other matters. for
the exercise by one or more of the Judges of the Small Cause Court of any
powers conferred on the Small Cause Court by this Act or any other
enactment for the time being in force.
(2) The law, and any rules and declarations made. or purfortingto
be
made, thereunder,
with resp~ct to procedure or practice, in force or
treated as in force in the Small Cause Court on the thirty-first day of
December 1894, shall be in force, unless and until cancelled or varied by
rule's made by the High Court under this section.)
10. Subject to such rules, the Chief Judge may. from tilIfe to time,
make such arrangements
as he thinks fit for the distribution
of the
business of the Court among the various Judges thereof.

Chief Judge
to distribute
business of
Court. .

11. Save as hereinafter otherwise provided, when two' or more of the

Judges sitting together differ on any question. the opinion orfue majority
shall prevail, 4[and if the Court is equally divided. the Judges shall state
the point upon which they differ, and.the case shall then be he?lld upon
that point by another Judge nominated by the Chief Judge and the point
shall be decided, according to the opinion of the majority of the Judges,
who have heard the case, including those who first heard it).

Procedure
in case of
difference of
opinion.

The Small Cause Court shall use a seal of such form and
dimensions as are for the time being prescribed by the 5 [State) Govemment.

Seal to be
used.

12.

6 [13.
There shall be appointed an officer to be called the Registrar of Appointment
the Court who shall be the Chief ministerial officer of the Court; there shall of Registrar
d other
also be appointed a Deputy Registrar and as many clerks, bailiffs and an
0ffi cers.
other ministerial officers as may be necessary for the administration
.of
.

jp.stice

by the Court and for the exercise and performance of the powers

and duties conferred and imposed on it by this Act or any other law for the
time being in force.
I

Subs. by ActI of 1895 s. 5. for the originalsection.

Cf the Code of Civil procedure.

3 Ins. by Act 3 of 1899. s. 4.

1908 (Act 5 of 1908). s. proviso.

Subs. by Mah. 35 of 1961. s. 2.

Subs. by the A. O. 1950.
,
6 Subs; for the A. O. 1937 for the original.section 13.
4
5

Presidency

Small,Cause

Courts Act, 1882

[,ACT
xv ~F 1882

'

The Registrar and other ~fficers so appointed shall mexe~dse such

,powers and discharge such'duties ofami'nisterialnature;as
the Chief
Judge may; from timetQtime, byruledirect,l'
Registrar- 14{' "Tpe'j [$tatel'Gbverrimenf)rriay'in~est tne}egistrar~ttIthep()~ers
,

may be'

Invested"

'ofaJ~dg~
unaet this Actfor the tft\:ilofsuitsin which
tHeaiT1o1mt
orva'lue
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with powers;Of the subject matter does'not

exceed 2[Five hun~red'W~ie~s}:
il\pd
ofa Judge in subject to the orders of the Chief Judge, any Judge of the Small Cause
suits n0~. Court' \may, 'whenever he 'thinks fit;' transfer ifrol1lhisown file' to' the file
exceeding
of the ,Registrar any suitwhichthe'latteris'
competerittd
try:' .i
4[five hund,
'

red rupees],

3*

*
,

Judge or
other officer
not to
practice or
trade.

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,15~, NQ J,udge or ,other officerC!.ppointed under, this Act shalL during

his,coI;11;im,lanGeas such .;Judge oromcer,eitherby
himself oras a partner
of any other person, practise oract-either
directly or indirectly;- as an
,advpcqj~, qtt8mey, val).Hor ()tI1erlega) p:r;ac1;itioner()r qe conGern~d'ieither
on
hisp~
account or 'for.ax;lY
as t)J.epar,Wer
()(any'~Q:ther
"",.",',!",,;','"
,,);C' o:therpeisQn,()r
.,}.c",'"
,."",1,
'.v.
person,
in
any
trade
or
profession.
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,
;Any. such Ju.dge ()r qfficer"sop(actising,

deemed to have com,mittedan

Penal
Code,(XLV,of
1860).
.
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acting' or concerned

shall be

'

offertc.eunder ise<:tionili68 ofLthe Indian

I,

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Nothil)gJ'lerein,contained
sl1an be deemedto. prohibit anyisuch Judge
or officer from being,a ll1ember:.ofany,compfinyincorporated:or
registered
under Royal Charter, Letters Patent, S[Act rParliarnent
of the l}rfited
jIDrigdbm or Ceritral'Act, or-Provincial Act dr's iState ACt}!'
,if..

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CI-IAIn;ER Ill",
Ao~,IINlsiEREDByriE
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H,;',.,il,"'.

',;.,'

(;OURr

'0

Q~:sti~n,
J~;', ~r;questi(;n;i~'
otr~r thffi1j ,qu.fi~ti9I?-,s!
,r~~a.J:il!1,g;
t8 ,Br?ce4u,:r;~;or
~~~n~t~ practice, \\TJ;1,i<;RJ~iSe)~s,wts 9F,()tl}~LPm9,~fd,pgs u,.nder, th.~sA<;F;inJhe
unde~Act Small Cause Court shall be dealt with and determined according to the
) iUFoedaw foritheftime beingadministereije
by tHigh eourt in;the exercise Of its
deCided ordimaryorigihalicivil
jurisdiction.';;'
,;J
accordingto
"
law admin".. "is~ered,by

Ii,hihQ(;ourt'K"",
'0,;;,
"",,",
,'; t:{9pb~\'1qy;the 1\'P',f~~RL;!

Subs,forthe\Vords

"",
?oj eii"

"one htmdred

.
Lhi,;."r.' r,';;

rupees"by

Mah:

.; '" ',.
1_50(1987",s,

j~)6ii@rtal'Explarl<ition'wks
deletedby'Ma'h, 'XLVI ot.'1977,s: 4(b)~'
,.4Subs:,for theiword$"one
ihmdred'rupees"iby
Mah.15'Cif 1987; 's: 4(b).
t"i~eF!io!'},1:90J.J11~ah.~VJofl.!1nir;ej'ld&(a$;folloV(SiH.!
,
-Saving, , "'19.
The amendme9-ts made by this Act in any of the Acts afor(jsqi~ sqfl~n,9~Ray\,!,arJ.Y
d(ect in respect of and apply to any suits, appeals or other proceedings of adv'il,nature filed
and pending before any Court' on tl1\'!.d.at~ ok;commeI1Gernenhof
thi$ Act,-.and such
proceedings shall be contip.1,.Ied and.disposed
oJ!~YJtl1at Court,.as if;this Act;had,not been
passed; and any appeal, revision application or other proceedings of a'civil nature in respect
of any decree or order passed by any Court before the date qf commencernentofthtsActshall
be filed before and heard and disposed of the Court competent to entertain, such proceedings
before such commencement.
as if this ~ct hp.cl not been.,passed:";"
5 Subs,
6

by the A, 0,

Subs. by theAO,

1950,

(2) 1956,

"

Acrxv OF1882] PrsidencySmall

CauseCout;ts

Act; 1882

CHAPTER iI
JURISDICTION IN RESPECTOFE;ulTS,,'

17. The local limits 'of the jurisdiction

of each of the Small Cause
Courts' shall
be
the
local
limits
for
the
time,
being
of the ordinary' original
.' ' '
'
. .
CIVl1Juns d ICt lOno f th
,e. H19 h C
,ou rt :

Locallimits
o,f
jurisdiction
of

18. Subject to the.exceptipns,ip

~ection19; the,Swall C;p.use,~urt
shall have
juQsdictjon,
to
try
all
suits
ciyil nilture.
,~
' ',000
.. '
" 00 ofa.
" co'
'.
wben;,the wnqunt or ;value of the, s,ubjectrri,atter,dqes.
not ,exceed
lI~enty-fiy:e, tb<;msapdrupees],;
an,d-,-:-,
(a) the cause of action has arisen, either wholly or in part; within the
local limits of the jurisdiction of the Small Cause Court,andtl1e
leave
ofihec;ol,lrt. has, Jo~ rea~~n.s. to be. recordydby it'i~ writing, 1;>en'given
Pef?re tl1e institl.}tiO~ o~ tbe ,suit ;',or'
,.
.
'
(h) aU the defendants,
at the 'time of the.institutionof
the suit"
i actually .ahd,voluntarily
reside, or carry' ombusiness,,!of;personally;
'York for gain,'within' such local limits ; or
,
(c) any of the defendants at the time ofthe institUtionidfthe'suit,
actually an9. voluntar;ily resides. prcaroes on business; OI]perS9pally
'Yorks for gain ~tl1in su~h localli!llits and either th,e ~eaY;e.of tl?-eCourt"
has been given before the institution of the s'uit, or the defendants who
do not'reside,
or carry on business, orpersorially
work. for 'gain, as
aforesaid, acquiesce in such institutiO'ri:
'0:
2[ProVided that where the causebfaction
has arisen wholly within the
local >limits'aforesaid and the Court refuses to give leave for'theihstitution
of the! suit, it shall record in writingcitsreasons
for such refusal.I"
@3[Provided further that the Chief Judge may, subject to thedir~ction
and control of the "Higb Court and to such. conditionS and limitations as
he deems fit to impo~,e, empower tbe ReglstraI;'t() entert~in~d.qispose
of applicationsforthe'purpose
of~iving such leave un,der cla,use~ (a) and
.(c)and; when so'empowered, the Registrar shallbedeemed to be the Court

Suits in
which
Court has
jurisdiction,

for that purpose.]

I Subs,
2
3

Court.

'"

for the words "ten thousand rupees" by Mah. 15 of 1987,1>.';>"

Added by Act I of 1895, s. 7. ,,'

"
,
, ".
"
This proviso was inserted and shall be deemed to have been inser'ted;with.effecHrom
3rdJulyI975byMah.260fI987,s.2"

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@Section 3 of Mah. 26 of 1987 reads as foll'ows'nameIy:-"-

the

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3. Not\vithstarldi9g apythjng,contained
in the pri,ncipali}.ct or<lnyo,(he.~ l<l\V:
forthe time Validation.
being in force. or in any judgment, decree or order of apy Co~rt. every leave to institute a
suit under clause (al or (e) of Section 18 of the Principal'Actgiveribyfh'e
Reigistrar during
the period commencing on the 3rd day of July 1975 and ending on the 3 !st\iay ofAugtlst
1984, in exercise or purported exercise of the power conferred on him:Jby the'iChiefJudge,
shall be deemed to be, and shall be deemed always to have been, validly giveruin accordance
with law by the Court of competent jurisdiction.
as if the provisions"of section 18()f.the
principal Act, as amended by this Act. were in force at all material timeswlJ~n;;uchil,eiive
was given; and that tj1e leave so given shall notbe called in question in anyCotirt ofl<l~ or
before any authority, only on the ground that the Registrar hadnojurisdictionto
give such
.,
leave to institute a suit.

Presidency

Small Cause Courts Act, 1882

[ACTxv OF 1882

Explanation I.-When in any suit sum claimed is, by a set off admitted
by both parties, reduced to a baiance not exceeding I[twenty-five thousand rupees] the Small Cause Court shall have jurisdiction to try such
,

suit.

'

,ExplanationII.-Where
a person has a permanent dwelling at one place
and also a ~odgingat another place for a temporary purpose only, he shall
be deemed 'to reside at both places in respect of any cause of action arising
at the place 'where he has such temporary lodging.
'
,

Explanation III.-A Corporation or Company shall be deemed to carry

on busipess at its sole or principal office in 2[India] or, in respect of any
cause of action arising at any place where it has also a subordinate office,
at such place.
Plaintiff
3[18A. The Small Cause Court may allow a plai~tiff at or before the
may
first
hearing of a suit in which a joint and several liability is alleged on a
ba
n?On cause of action arisin g either wholl y or in P art within the local limits of the
.a
t
t

SUI a g alns
,

defendantjurisdiction ofthe Court to abandon the suit as against any defenda'nt who

resident out does not reside, or carryon business or personally work for gain within
ofjuris?ic- such local limits, and to sue for a decree against such defendants only as
bon. do so reside, carry on business or personally work for gain.
Suits in

19.

which Court

has no
jurisdiction.

The Small Cause Court shall have no jurisdiction

in-'

(a) suits concerning theassess.ment

or collection of the revenue;
4[(b) suits concerning any act done by or by order of the Central
Government, 5***or the 6[State] Government] ;
(c) suits concerning any act ordered or done by any Judge or judicial
officer in the execution of his office, or by any person in pursuance of
any judgment or order of any Court or: any such Judge or Judicial
officer.
(d) suits for the recovery of immovable

property ;

(e) suits for the partition

property ;

of immovable

(f) suits for the foreclosure

property ;

or redemption

(g) suits fot the determination

of a mortgage ofimmovable

of any other right to or interest

immovable property;

(h) suits for the specific performance

or rescission

.of contracts;

(i) suits to obtain an injunction;

(j) suits for the cancellation

or rectification

of instruments;

(k) suits to enforce a trust;

1

Subs. for the words "ten tho1;lsand rupees" by Mah. 15 of 1987. s. 5.

Subs. by the A. O. (2) 1956.

Ins. by ACt I of 1895. s. 8.

Subs. by the A. O. 1937.
5 The words "the (Crown Representative)"
B Subs. by A. O. 1950.
3
4

omitted by the A. 0.. 1950.

in

'

ACT XV OF

1882J Presidency

Small Cause Court$ Act. 1882

(0 suits for a general average loss and suits on policies of insurance

'on s~a going vessels;
.'

(m) suits for compensation

(n) suits for compensation
right or trade-mark;

in respect of collusions on the high seas;

for the infringement
of a patent, copy-

(0) suits for a dissolution

of partnership
or for an account of
partnersnip-tranctions;
.
(p) suits for an account of property and its due administration
under

the decree of the Court;

(q) suits for compensation for libel, slander.

ad,uItery or breach of promise of marria,ge ;

malicious

prosecution.
.
1* * *orforadivorce;

. (r) suits forthe restitlitionofconjugal rights

(s) suits, for declaratory decrees;
(t) suits for possession

of a hereditary

office;

(u) suits against Sovereign Princes or Rulling, Chiefs. or against

Ambassadors
or Envoys of Foreign States;
(v) suits on any judgement of a High Court;
(w) suits on the cognizance whereof by the Small Cause Court is
barred by any law for the time being in fo~ce.
2 [19A.
Whenever the Court finds that for want ofjurisdiction it cannot Return of
finally determinf the ques!1n at issue in the suit, it may at any stage of Plaint.
the proceedings
return the plaint to be presented to a Court having
jurisdiction
to determine the question.
When the Court so returns a
plaint, it shall comply with the provisions of the second paragrapb of
section 57 of the Code of Civil Procedure \ 3[XIV of 1882J and make such
order with respect to costs as it may think just, and the Court shall for the
purposes of the Indian Limitation Act, 1877 4[XV of 1877J be deemed to
have been unable
to entertain
the suit by reason
of defect cof
jurisdiction.
When a plaint so returned is afterwards presented to a High
Court, credit shall be given to the Plaintiff for the amount of the court-fee
paid in the Small Cause Court in respect of the plaint in the levy of any
fees which according to the practice of the High Court are credited to the
Government.
,
.

20. When the parties to a suit, which if the amount or value of the
subject-matter
thereof did not exceed 5[twenty-five thousandJ rupees
would be cognizable by the Small Cause Court have entered into an
agreement in writing that the Small Cause Court shall have jurisdiction
to try such suit, the Court shall have jurisdiction to try the sa,me, although
the amount or value or the subject-matter
thereof may exceed:5[twentyfi,:,e thousaJ!dJ rupees.
'
1

The words

Ins. by Act I of 1895. s. 9.

"for the recovery

of a wife" rep. by Act 10 of 1914.

See now the Code.ofCivil Procedure. 1908 (Act 500908),

See now .the Limitation Act, 1963.

Subs. by Mah. 15 of 1987, s. 6 for the words "ten thousand".

s. 3 and

Sch. II.

Sch. I. order VII. rule 10 (2).

Court may
by co~sent

~ ~~~s
pe~uniary
limits of
jurisdiction.

Presidency
,,'

SmaU Cause Courts Act, 1882

(ACTxv OF 1882

Every such agreement shall be filed'in the SmaIl Cause Court, and

when so filed, the parties to it shalCbe subject to the jurisdiction

Court, and shall be bound by its decision in such suit.

of the

Suits by
21. "Allsuits to which an officer of theSmallcCause
Court is, as such,
and against a party~ except suits in respect of property taken in execution of its
offi~e~~~~p,~oc~~s;or}he pr()cet1ds or vaI~e therepf 1* * * may be instltuteddn the
2(Bombay City Civil Court) at the election of the plaintiff as if this Act had
not been pas'sed:
'

Costs~h~n 3(22. iftn any suit instituted in the High Court or in the Bombay City
plam~ffCivil Court, other than a suit to which section 21 applies, the judge who
Hig~~:SU~tries it is of the opinion thaI ifought to have beefI iristitutedin the Small
or in Cause Court and if in such suit-

~;m~~
Court in

'

(a) where it Is instituted in the High Court., the plaintiff does not

obtain a decree, the defendant

attomey and client; or

other cases
cognizable

'

shall be entitled to his costs as between

,",,',

bySmall
Cause
Court,

'

'

(b);where it is instituted in the Bombay City Civil Court; thepl~ntiff

does not obtain a decree, the defendantshall be entitled to his costs and
may also be awarded, such additional amount not exceeding one
thqusand rupees by way of compensation as the Judge may award ; or
(c) where it is instituted'in the High Court or in the Bombay City Civil
.90urt the plailltiff obt~ns ~ decre~ rot anymatterofan amount or,yal~e
1ess than, 4(twenty-five ti;lOu'saJ).d.rupees),no costs shall be allowed tq

~e~~tiff.

CIWvERV
!>ROCEOURE SuITs

'

23,. fj;JorlionsojCivUProcedure,Codeextending to Court. J ~ep.bythe'

, BornqctYcsffiaflCql,lSe,c:ouqs Act" l,8fJt);(1011895)5,. 12..
l'iwritten 24.' ExcepHncases of set-offt1nder<the 'Code of Civil,Procedure 5(XN
statement oL18821. Section III, the written statement shall be received unless
except in
cases of requIre,d b y th e C ourt .
'

"

~,

set-off.
"

",

The words "and all suits whereof the amount

thousand

rupees"

were

deleted

or value of the subject'IIl'atter

by Born. 44 of 1948.

Subs. by Born. 44 of 1948. s. 2 (b) for "High 'Court".

excd:ds

one

s. 2 (a).
.

Secti~n ~:z waS substituted

for the original, by Born. 44 of 1948.-s. 3;
4 Subs. by Mah 15 of 1987. s. 7 for the words "ten thousand rupees". i
5 See now the Code of Civil Procedure.
1908 (Act 5 of 1908), Sch.rl. Order VlIl,'rule

6.

ACT XV OF

1882] Presidency

Small Cause Courts Act, 1882

25. When a period of eight days from the decision of a suit has expired
without any application for a new trial or re-hearing of such suit having
been made, or when any such application has been made within such
period and such application
has been refused, or the new trial or
re~hearing (as the case may be) had ended, any person, whether a party
to the suit or not, desirous of receiving back artY document produced by
him in the suit and placed on the record,. shap unless the document is
impounded under section 143 ofthe Code of Civil Procedure I [XN of 1882]
be, entitled to receive back the same:

Return
of
documents
admitted in
evidence.

Provided that a document may be returned at any time before any of

such events on such terms as the Court may direct; provided also that no
document shall be returned which, by force of the decree, has become void
or useless.
On the return of a document which has been admitted in evidence, a
receipt shall be given by the party receiving it, in a receipt-book to be kept
for the purpose.
26.
In any suit in which the defendant appears and does not admit Compensathe claim and the plaintiff does not obtain a decree for the full amount of tion payable
ntif f
bY
r;.laid an t
his claim, the Small Cause Court may in its discretion order the plaintiff t 0 d elen
to pay

to the

attendance,

defendant,

by way

such sum as it thinks

of satisfaction

for his

trouble

and

fit.

in

certain

cases.

When any claim preferred, or objection made, under section 278 of the
Code of Civil Procedure 2[XlV of 1882] is disallowed. the Small Cause
Court may in its discretion order the person preferring or making such
claim or objection to pay to the decree-holder, or to the Judgement -debtor
or to both by way of satisfaction as aforesaid, such sum or sums as it
thinks fit.
And when any claim or objection is allowed the Court may award such
compensation
by way of damages to the claimant or objector as it thinks
fit; and the order of the Court awarding or refusing such compensation
shall bar any suit in respect of injury caused by the atachment.
Any order under this section may, in default of payment of the amount
payable thereunder, be enforced by the person in whose favour it is made
against th'e person against whom it is made as if it. were a decree of the
Court.
27. Whenever the Small Cause Court issues a warrantfor the arrest
of a judgement-debtor
or the attachment
of his property, tile decreeholder, or some other person on his behalf shan. accompany the, officer of
the Court entrusted with the execution of such warrant, and shall point
out to such officer the judgement-debtor
or the property to be attached,
as the case may be.
.

]
2

See now the Code of Civil Procedure,

See now the Code of Civil Procedure,

A "44(J-.1

1908 (Act 5 of 1908), Sch. I. Order XIII, rule 8.

1908 (Act 5 of 1908), Sch. T,Order XXI, rule 58.

Decreeholder to
a0 fcfcompany
lcer
executing
warrant.

10

Presidency

Small Cause Courts Act, 1882

[ACTxv OF 1882

Things
attached to
immovable
property and
removable
by tenant to
be deemed
movable in
execution.

28. When the judgement-debtor

under any decree of the Small Cause
Court is a tenant of immovable property, anything attached to such
property, and which he might before the termination of his tenancy law
fully r~tnove without the permission of his landlord, shall, for the purpose
of theexecuuon
of such decree I[and for the purpose of deciding all
questi'Orl$' arising in the execution of such decree,] be deemed to be
movable PfPperty and may, if sold in such execution, be served by the
purchaser, but shall not be removed by him from the property until he
has done to the property whatever the judgement -debtor would have been
bound, to do it if he had removed such thing.

Discharge
of judgementdebtor on
sufficient
security:

29. Whenever any judgement-debtor,

who has been arrested or
whose property has been seized in execution of a decree of the Small Cause
Court, offers security to the satisfaction of such Court for payment of the
amount which he has been ordered to pay and the costs, the Court may
order him to be discharged or the prop'erty'to be released.
.30. Whenever it appears to the Small Cause Court that any judgement-debtor under its decree is unable, from sickness, poverty or other
sufficient cause, to pay the amount of the decree, or if sl,lch Court has
ordered the same to be paid in instalments, the amount of any instalment
thereof; it may, from time to time, for such time and upon such terms as
it thinks fit, suspend the execution of such decree and discharge the
.
debtor, or make such order as it thinks fit.

Court may
in certain
cases
suspend
execution of
decree.

Execution
of decree of
Small
Cause
Court by
other
Courts.

31. If the judgement-debtor

under any decree of the Small Cause
Court has not, within the local limits of its jurisdiction, movable property
sufficient to satisfY the decree, the Court may, on the application of the
decree holder, send the decree for execution(a) in the case of execution against immovable property situate within such locallimits-2[to
the Madras City Civil Court or, 3[the Bombay
.

City Civil Court or the High Court of Judicature at Fort William 4*** as
the case may be;] ]
,

Procedure
when
decree
transferred.
Minors may
sue in
certain
cases as'if
of full age.

(b) in all other cases-to

any Civil Court within the local limits of
whose jurisdiction such judgement-debtor,
or any movable or immovable property of such judgement-debtor,
may be found.
The procedure prescribed by the Code of Civil Procedure 5PCNof 1882],
for the execution of decrees by Courts other than those which made them
shall be the procedure followed in such cases.
32.

Notwithstanding

anything

contained

in the Code of Civil proce-

dure 5PCNof 1882], as applied by this Act, any minor may institute a suit
for any sum of money, not exceeding five hundred rupees, which may be
due to him under section 70 of the Indian Contract Act, 1872 (IX of 1872),
for wages or piece-work or for work as a servant, in the same manner as
if he were of full age.
I
2

Ins. by Act 4 of 1906. s. 2.

Subs. by Act 7 of 1892. s. 12, for '"to the High Court".

Inserted

The words "or Bombay" were deleted,

by Bom.

44 of 194,8. s. 4 (a).

See now the Code of Civil Procedure. 1908 (Act 5 of 1908).

ibid.. s. 4(b).

ACfxv OF 1882] Presidency

Small Cause Courts Act, 1882

11

33. Any non-judicial

or quasi-judicial
act which the Code of Civil
Procedure l[XN of 1882] as applied by this Act requires to be done by a
Judge, and any act which may be done by a Commissioner appointed to
examine and adjust accounts under section 394 of that Code as so
applied, may be done by the Registrar of the Small Cause Court or by such
other officer of that Court as that Court may, from time to time, appoint
in this behalf.

Power to
delegate
non-judicial
duties.

The qIigh Court may, from time to time, by rule, declare what shall be
deemed to be non-judicial and quasi-judicial acts within the meaning of
this section.
34. The suits cognizable by the Registrar under section 14 shall be Registrar
heard and determined by him in like manner in all respects as a Judge of to hear
and
erm me
det
the Court mi ght hear and determine the same:
SUIt s lIk e a
Provided that. subject to the control of the Chief Judge, any Judge of Judge,
the Court may, whenever he thinks fit. transfer to his own file any suit on
the file of the Registrar.
'

35. The Registrar may receive applications

for the execution of
decrees of any value passed by the Court, and may commit and discharge
judgment-debtors,
and make any order in respect thereof which a Judge
of the Court might make under this Act.

Registrar
may execute
all decrees
with
the
same powers
as a Judge,

36. Every decree and order made by the Registrar in any suit or
proceeding shall be subject to the same provisions in regard to new trial
as if made by a Judge of the Court.
~.

Decrees and
orders
of
Registrar to
new trial as
if made by a
Judge.

2[CHAPTER VI
NEW TRWS

AND APPEALS

37. Save as otherwise provided by this Chapter3[orby Chapter VII] or

by any other enactment for the time being in force, every decree and or~er
of the Small Cause Court in a suit shall be final apd conclusive.

General
finality of
decrees and
orders
of
SmaJ] Cause
Court.

38. Where a suit has been contested, the Small Cause Court'may, on
the application of either party, made within eight days from the date of the
decree or order in the suit (not being a decree passed under section 522
of the 4[Code of Civil Procedure] (XN of 1882). order a neW trial to be held,
or alter, set aside or reverse the decree or order. upon such terms as it
thinks reasonable, and may, in the meantime, stay the proceedings.

New trial of
contested
cases,

See now the Code of Civil Procedure,

Subs,

3
4

by Act 1 of 1895,

1908 (Act 5 of 1908).

s, 13, for the original

Inserted by Mah. XIX of 1976, s. 2.

See now the Code of Civil Procedure.

Chapter

VI.

1908 (Act 5 of 1908), Sch. II, s. 16.

12

Presidency

Small Cause Courts Act, 1882

[ACTxv OF 1882

I[ Explanation 1 ].-Every suit shall be deemed to be contested in which

the decree is made otherwise than by consent of or in default of apperance
by the defendant.
.

2[ Ex;planation2
.-Nothing
under Chapter VI!.].

cont<;iined in this section shall apply to suit

39. Removal of certain

Act 44 of 1948, s. 5.

causes

into High Court.-Deleted

40.
Rules with respect to suits removed tinder
section;~Deleted
by Bom. Act 44 of 1948, s. 5.]

by Bom.

the last foregoing

3[CHAPTER VII
RECOVERY

OF POSSESSION

OF.CERTAlN

IMMOVABLE PROPERlY AND CERTAlN LICENCE

FEES AND RENT.

Suits or

Proceedings
between
licensors and.
licensees or
landlords and
tenants for
recovery
0f
possession of
immovable
property and
licence fees or
rent, except
to those to
which other
Acts apply to
lie in Small
Cause Court.

41.
(l) Notwithstanding
anything contained elsewhere in this Act
4[****]but subject to
the
provisions
of sub-section
(2), the. Court of Small
. . . .
.
Causes shall have JUrISdIctIOn to entertam and try all Stilts and proceedings between a licensor and licensee, or a landlord and tenant, relating to
the recovery of possession of any immovable property situated in Greater
Bombay,

or relating

therefor,
irrespctlve
proceedings.

to ttre recovery
of the v'alue

of the licence

of the ~ubject

fee or charges
matter

of such

or rent
suits

or

(2) Nothing contained in sub-section (l) shall apply to suits or proceedings for the recovery of possession of any immovable property, or oflicence
fee or charges or rent thereof, to which the provisions of the Bombay
Rents, Hotel and Lodging House Rates Control Act, 1947, the Bombay
Government Premises (Eviction) Act, 1955, the Bombay Municipal Corporation Act 5[the Maharashtra Housing and Area Development Act, 1976 or
any other law for the time being in force, apply.]

Born.
LVII of
1947.
Born.
II of
1956.
Born.
m of
1888.
Mah.

XXVIIl
of
1977.
I

Renumbered

Inserted ibid., s. 3(b).

as "Explanation

I" by Mah. XIX of 1976, s. 3(a).

Chapter VII was substituted for the original Chapter Vll (sections 41 to 49) by Mah. XIX
of 1976. s. 4.
The words "orin any other law for the time being in force" were deleted by Mah. 24 of 1984,
s.6(1).

These words and Figures were substituted for the word and signed "the Bombay Housing
Board Act. 1948 or any other law for the time being in force. apply" were submitted,
s.6(2).

ibid.

ACT XV OF

1882] Presidency

13

Small Cause Courts Act, 1882

42. (1) An appeal shall lie from a decree or order made by the Small Appeal.
Cause Court exercising jurisdiction under section 41, to a bench of two
Judges of the said Court, which shall not include the Judge who mad~
such decree or order:
Provided that, no such appeal shall lie from a decree or order made in
v of any suit or proceeding in respect of which no appeal lies under the Code
1908. of Civil Procedure, 1908.
(2) Every appeal under sub-section (1) shall be made within thirty days
from the date of the decree or order, as the case may be :
Provided that, in computing the period of limitation prescribed by this
sub-section,
the provisions contained in sections 4, 5 and 12 of the
XXXVILimitation Act, 1963, shall, so far as may be, apply.
of
1963.
(3) No further appeal shall lie against any decision in appeal under subsection (1).
(4) Where no appeal lies under this sub-section from a decree or order
in any suit Or proceeding, the bench of two Judges specified in subsection (1) may, for the purpose of satisfYing itself that the decree or order
was according to law, call for the case in which such decree or order was
made and pass such order with respect thereto as it thinks fit.
43. In all suits, appeals and proceedings under this Chapter, the
Small Cause Court shall, as far as possible and except as herein otherwise
Vof provided, follow the procedure prescribed by the Code of Civil Procedure,
1908. 1908.
44.

Procedure

{CourtJees} Deleted by Mah. LIX oj 1977, section 2.

45. Nothing contained in this Chapter shall be deemed to bar a party Savings of
to a suit, appeal or proceeding mentioned therein in which a question of suits involvtitle to any immovable property arises and is determined, from suing in ing title.
a competent court to establish his title to such property.
46.
(1) All suits and other proceedings cognizable by the Small Cause Saving of
Court under this Chapter and pending in the High Court or the Bombay pending proceedings.
City Civil Court, on the date of coming into force of the Presidency Small
Mah. Cause Courts (Maharashtra
Amendment) Act, 1975, shall be continued
XIX
and
disposed
of
by
the
High
Court
or the City Civil Court, as the case may
1976.
be, as if this Act had not been passed.]
,

(2) All applications

and other proceedings filed in the Small Cause
Court under this Chapter and pending in that Court on the date aforesaid,
shall be continued and disposed of by the Small Cause Court, as if this
Ac;t had not been passed.]

14

Presidency

Small Cause Courts Act, 1882

[ACTxv OF 1882

CHAPTER VIIl
DISTRESSES

Local extent
50. This Chapter extends to every place within the local limits of the
of Chapter. ordinary original civil jurisdictions
of the High Courts of Judicature
at
Saving of
Madras and Bombay.
But nothing contained in this
certain rents. Fort~William,

ChapteI:;i:applies...,(a) to any

rent due to Government;

(b) to any rent which has been due for more than twelve months
before the application mentioned in section 53.
.
Appoint-

ent o
.
b all.
I ff andf

I [51.
Four or more persons shall be appointed
for the purposes of this Chapter.)
,

bailiffs and appraisers

appraisers.
Appointees

52.

to be
public servants
servants.
Application
for distress
warrant.

The persons
within

so appointed

the meaning

2*

of the Indian

shall be deemed to be public

Penal

Code (XLV of 1860).

53. 3[(1)] Any person claiming to be entitled to arrears of rent of any

house or prerp.ises to which this Chapter extends, or his duly constitutf'ct
attorney, may apply to any Judge of the Small Cause Court, or to the
Registrar o(the Small Cause Court,' for such warrant as is hereinafter
mentioned:
4[Provided that before making an application such person shall give.
15 days' notice to the person liable to pay th~ arrears of rent making a
demand of the said arrears.)
5[(2)) The application 6[made under sub-section (1)) shall be supported
by an affidavit or affirmation to the effect of the form (marked A) in the third
schedule hereto annexed.

Issue of
54. The Judge or Registrar may thereupon issue a warrant under his
di~tress- hand and seal and returnable within six days, to the effect of the form
warrant. (marked B) contained in the same schedule, addressed to anyone of
such bailiffs.
The Judge or Registrar may at his discretion, upon personal examination of the person applying for such warrant, decline to issue the same.
Time for
55.
Every distress under this Chapter shall be made after sunrise and
distress. before sunset, and not at any other time.
I

Subs. by the A. O. 1937 for the original section.

Certain

words

omitted.

ibid.

The first paragraph of section 53 was numbered as sub-sections (1) ofthat section by Mah.
35 of 1961, s. 3(a).
4 The proviso was added.
ibid.
5.The second paragraph of section 53 was numbered as sub-section (2) of that section ibid
s. 3 (b).
" These words, brackets and figures were inserted, ibid.
3

An xv OF 18821 Presidency
56.

The bailiff directed

to make

the distress

15

Small Cause Courts Act, 1882

may force open any What places

stable, outhouse or other building, and may also enter any dwelling- ~ailifImay
house, the outer door of which may be open, and may break open the door orce open,
, of any room in such dwelling-house
for the purpose of seizing property
liable to be seized under this Chapter:
Provided that he shall not enter or break open the door of any room
app'ropriated for the Zenana or residence of women, which by the usage
of the country is considered private.
57. In pursuance of the warrant,aforesaid
the bailiff shall seize the Property
movable property found in or upon the house or premises mentioned in which may
be seized.
-the warrant and belonging to the person from whom the rent is claimed
(hereinafter called the debtor), or such part thereof-as may in the bailiffs
judgment, be sufficient to cover the amount of the 'said rent, together with
the costs of the said distress:
.

Provided that the bailiff shall

not seize-,----

(a) things in actual use; or

(b) tools and implements not in use, where there is other movable
property in or upon the house or premises sufficient to cover such
amount and costs; or
(c) the debtor's

necessary

(d) goods in the custody

wearing apparel;

or

of the law.

58. The bailiff may impound or otherwise secure the property

seized in or on the house or premises chargeable with the rent.

so Impounding
distress.

59. On seizing any property under section 57 the bailiff shall make an
inventory of such property and shall give a notice in writting to the effect
of the form (marked C) in the third schedule heretoannnexed
to the
debtor, or to any other person upon his behalf in or upon the said ho\lse
or premises.

Inventory
Notice of
intended
appraisement
and sale.

The bailiff shall, as soon as may be, file in the Small Cause
of the said inventory
and notice.

Copies of
inventory
and notice
to be filed.

Court

copies

60. 1[(1))The debtor or any other person alleging himself to be the

owner of any property seized under this-Chapter, or the duly constituted
attorney of such debtor or other person, may, at any time within 2[fifteen
days) from such seizure, apply to any Judge of the said Court to discharge
OFsuspend the warrant. or to release a distrained article, and such Judge
may discharge or suspend such warrant or release such artic'le accordingly, upon such terms as he thinks just,
and any of the Judges of the said Court may in his discretion give
reasonable time to the debtor to pay the rent due from him.
,

The first sentence of section 60 was numbered

s. 2 (a) (0.
Substituted for the words "five days" ibid.

as sub-section

(1) by Born. 11 of 1959.

Application
to discharge
or suspend
warrant.

"

16

Presidency

Small

Cause

Courts Act, 1882

[ACTXVOF 1882

I[Provided that where the Judge is satisfied that there is sufficient

cause for extending the period within which an application may be
made under this sub-section, he may extend the period to such extent as
he may cQnsider necessary).
2((2)) Upon any such application, the costs attending it and attending
the jssue flnd execution of the warrant shall be in .the discretion of the
Judge,. ~d " shall be paid as he
- directs.
Claim to
61. If any cla).m is made to, or in respect of, any property seized under
[(oods
this
Chapter or in respect of the proceeds or value thereof, by any person
distrainee!
not
being
the debtot:, the Registrar of the Small Cause Court, upon the
m;Hlc by a
application
of the bailiff who seized property, may issue a summons,
"tranger.

calling before the Court the claimant

warrant.

'

and the person who obtained

the

And thereupon any suit which may have been brought in the High
Court 3[or the Bombay City Civil Court) in respect of such claim shall be
stayed. and any Judge of the High Court 3[or the Bombay City Civil Court)
or proof of the issue of such summons anf! that the property was so
distrained. may order the plaintiff to pay the costs of all proceedings in
such suit after the issue of such summons;
And a Judge of the Small Cause Court shall adjudicate upon such claim
and make such order between the parties in respect thereof and of the
costs

of the proceedings

as he thinks

fit.

And such order shall be enforced as if it were an order made in a suit

brought in such Court.
The procedure in Small Cause Courts in cases under this section shall
conform, as far as may be. to the procedure in an ordinary suit in such
Court.
Power to
award
compensation to
debtor or
claimant.

62. In any case under section 60 or section 61 the Judge by whom the
case is heard may award such compensation
by way of damages to the
applicant or claimant (as the case may be) as the Judge thinks fit ;
and may for that purpose make any inquiry he thinks necessary ;
and the order of the Judge awarding or refusing such compensation
shall bar any suit for the recovery of compensation
for any damage
caused by the distress.

Power to
transfer
High Court
cases
involving
more than
'[five
thousand
rupees].

63. In any case under section 60 or section 61, if the value of the
subject-matter
in dispute exceeds 4[five thousand rupees), the applicant
or claimant may apply to the High Court to transfer the case to itself. and
the High Court, on being satisfied that iUS expedient that the case should
be disposed of by itself, may direct the case to be transferred accordingly.
and may thereupon alter or set aside any order passed in the case by a
Judge of the Small Cause Court, and may make such order therein as the
High Court thinks fit.
.

Added by 80m. 11 of 1959, s. 2 (a) lid.

The second sentence of section 60 was numbered
Inserted by 80m. 44 of 1948, s. 8.

Subs. for the words ..two thousand rupees". by Mah. 46 of 1977, s. 8.

I
2

as sub-section(2),

ibid.

ACT XV OF

1882] Presidency

17

Sf!1all Caus(? Courts Act, 1882

Every application under this section shall be made within seven days
from the date of the seizure of the subject-matter
in dispute.
In granting applications
such terms as to payment
it. thinks fit.

under this section, the High Court may impose

of, or giving security for, costs or otherwise as
~

The procedure in cases transferred under this section shall conform, as

far as may be to the procedure in suits before the High Court in the
exercise of its ordinary original civil jurisdiction;
and orders made under
this section may be executed as if they were made in the exercise of such
jurisdiction,
and every such order awarding or refusing compensation
shall bar any suit for the recovery of compensation for any'damage caused
by the distress which gave rise to the case wherein such order was made.
64. In default of any order to the contrary by a Judge of the Small Appraisement Notice
Cause Court or by the High Court, any two of the said bailiffs, may l[at of sale.
the expiration of fifteen days from a seizure of property under this
Chapter, or, as the case maybe, ofthe extended period under the proviso
to sub-section (1) of section 60,] appraised the property so seized and give
the debtor notice in writing to the effect of the form (marked D) in the third
schedule hereto annexed.
The bailiffs shall file in the Small Cause Court a copy of every notice
given under this section.
65. In default of any such order to the contrary, the distrained
property shall be sold on the day mentioned in such notice, and the said
bailiffs shall, on realizing the proceeds, pay over the amount thereof to
the Registrar of Small Cause Court; and such amount shall be applied
first in payment of the costs of the said distress and then in satisfaction
of the debt; and the surplus, if any, shall be returned to the debtor:

Sale
Application
of proceeds.

Provided that the debtor may direct that the sale shall take place in any
other manner, first giving security for any extra costs thereby occasioned.

66. ' No .costs of any distress under this Chapter shall be taken or Costs of
dema~ded except those mentioned in the part (marked E) of the third dtstresses.
schedule hereto annexed.

...

2* *

67. The Registrar of the Small Cause Court shall keep a book in which
all sums received as costs upon distresses made under this Chapter, and
all sums paid remuneration to the said bailiffs, and all contingent charges
incurred in respect such distresses, shall be duly entered;
He shall also enter in the said book all sums realised by sale of the\
property distrained and paid over to landlords under the provisions of this
Chapter.
I

2.

Subs. by 80m. II of 1959, s. 2(b), for "at the expiration

property under this Chapter,".
The second paragraph omitted by the A. O. 1937.

\l: A,.'+>11.4

of five days from a seizure of

Account of
cost and
proceeds.

18

Presidency

Small Cause Courts Act, 1882

[ACT)NOF 1882

Bar of
distresses
except
under this
Chapter.

68. No distress shall be levied for arrears

provisions of this Chapter;

Penalty for
making
illegal
distresses.

and any person, except a bailiff appointed under section 51, levying or
attem'ptiqg to levy any such distress,
sball, on conviction before a
Presidency Magistrate, be liable to be punished with fine which may
extend to five hundred rupees and with imprisonment
for a term which
may extend to three months, in addition to any other liability he may have
incurredI by his proceedings.

CHAPTER

of rent except under the

,

IX

REFERENCES TO HIGH COURT

Reference
when
compulsory:

1[69. (1) If two or more Judges ofthe Small Cause Court sit together
in any suit, or in any proceedings under 2* * * this Act, and differ in
their opinion as to any question of law or usage having the force oflaw or
the construction of a document, which construction may affect the merits,
or
If in any suit or in any such proceeding, in which the amount or value
of the subject-matter
exceeds five hundred rupees, any such question
arises upon which the Court entertains reasonable doubt, and either
party so requires,
the Small Cause Court shall draw up a statement of the facts of the
case and the point on which there is a difference of opinion or on which
doubt is entertained, and refer such statement with its own opinion on the
point for the opinion of the High Court; and the provisions of sections 619
to 621 of the 3[Code of Civil Procedure (XN of 1882)] shall, so far as they
are applicable, be deemed to apply as if such reference'had
been made
under section 617 4[of the said Code].
(2) When the Small Cause Court refers any question for the opinion of
the High Court as provided in subcsection (1), it shall either reserve
judgment of give judgment contingent upon such opinion.)

I Subs. by Act 4 of 1906, s: 4, ~or the original section 69.

.2 The words and figures "Chapter VlI of" 'Yere deleted by Mah. 19 of 1976. s. 5.

See now the Code of CivilProcedure. 1908 (Act5 of 1908), Sch. I, Order XLVI.rules 3 to 5.

See now rule 1, ibid.

1882] Presidency

ACT XV OF

19

Small Cause Courts Act, 1882

70. When judgment is given under section 69 contingent upon the

opinion of the High Court, the party against whom such judgment is given
shall at once furnish security, to be approved by the Small Cause Court,
for the costs of the reference to the High Court and for the amount of such
judgement:
Provided

required

that

no security

for the amount

of such

judgment

shall

be

in any case in which the judge who tried the case has ordered

such amount
accordingly.

to be paid into Court,

and

the same

has

Security to
be furnished on
such
reference by
party
against
whom

ntingent
JUd gemen t

:o

been paid given.

Unless such security, as aforesaid is at once furnished,

the party
against whom such contingent judgment has been given shall be deemed
to have submitted to the same.

CHAPTER X

If no such
security
given. party
to be
deemed to
have
submitted
to judgement.
.

FEES AND COSTS

1[71. The court-fees leviable in suits, appeals and proceedings under

this shall be the same as are leviable under Chapter III of the Bombay
Court-fees Act, 1959, and the provisions of that Act shall, mutatis
mutandis, apply to the recovery of such court-fees.]

Born.
XxxvI
of
1959.

2[72. Save as otherwise provided by or under any provisions of this

. Act, the fees chargeable for serving and executing any processes issued
by the Small Cause Court shall be the same as are prescribed by the High
Born.

Court-fees.

Process
fees.

Court under section 32 of the Bombay Court-fees Act, 1959, and are for

XXXVIthe time being applicable to the corresponding

process issued by the
~95~: Bombay City Civil Court, until any other provision is made by the High
Court under the said section 32 in respect of any processes issued by the
Small Cause Court.]
73. 4[(1)] Whenever any such suit 5[or applicatio~ or appeal] is settled
by agreement of the parties before the hearing, half the amount of all fees
paid up to that time shall be paid by the Small Cause Court to the parties
by.whom the same have been respectively paid:
6[Provided that no such fees shall be repaid if the amount of institution
fee on the plaint or application 7[or memorandum
of appeal] does not
exceed five rupees or the claim for repayment is not made \vithin one year
from the date on which the suit 5[or application of appeal] was ~o settled.

Subs. for the original section 71 by Mah. 59 of 1977. s. 3.

Subs. by Mah. 59 of 1977. s. 4 for origin a! section 72.
Subs. by Born. 44 of 1955. s. 2 (2).

This section

1
2

was renumbered

as sub-section

(1) of section

73. ibid. s. 2 (l).

Subs. by Mah. 41 of 1963. s. 7(a), for the words. "or proceedings".

Proviso and sub-section
(2) were inserted
by Born. 44 of 1955, s. 2(1).

Inserted by Mah. 41 of 1963. s. 7(a).

31Repayment
of fees under
certain
circumstances].

r
20

Presidency

Small Cause Courts Act. 1882

[ACTxv OF 1882

(2) The St<;lte Government may. from time to time. by order. provide for
repayment to plaintiffs or applicants I [or appellants] of any part of the fees
paid on plaints or applications I[or memorenda of appeals) by them in
suits. 2[01:applications or appeals). as the case may be. disposed orunder
such circumstances
and subject to such conditions as may be specified
in the Qrder.)
Fees and
costs of
poor
persons.

74. Tbe Small Cause Court may, whenever it thinks fit. receive and
register suits instituted
3
* * * by poor persons, and may issue
process on behalf of such persons. without payment or on a part-payment
.5
* * * 71 and 72). .
ofthe, fees mentioned in sections 4

to
,75. The 6[State Government] may, from time to time, by notification
fees. in the Official Gazette. vary the amount of the fees payable under sections
71 and 72 :

Power
.

vary

Provided that the amount of such fees shall in no case exceed the
amount prescribed by the said sections.
Expense of
76. The expense of employing an advocate, vakil, attorney or other'
employing legal practitioner
incurred by any party shall not be allowed as costs in
legal practi"
any
suit
7***in
the
Small Cause Court, in which suit, 8***the amount or
tioners.

value of the subject-matter

does not exceed twenty rupees,
Court is of opinion that the employment of such practitioner
the circumstances
reasonable.
77.
[Sections 3,5 and 25 of Court-fees
Mah.LlX of 1977, S.6.

unless the
was under

Act 1870, Saved) deleted by

<f'

Inserted

Subs.

The words.
under

by Mah. 41 of 1963, s. 7(b).

ibid.

for

the

words,

figures

section

42A

"or proceedings".

and letters
made:

were

"and applications
deleted

under

by Mah.

Subs. by Mah.

The figures "44" were deleted by Mah. 59 of 1977. s. 5.

6
7

] 9 of 1976, s. 8(b), for the words

19 of

section
1976.

and figures

41 made.

and appeals

s. 8(a).

"sections

71 and 72".

Subs. by the A. O. 1950.

The words and figures "or in any application
deleted by Mah. 19 of 1976. s. 9 (a).
The words

"or application

or appeal"

or appeal under

were deleted,

Chapter

ibid.. s. 9(b).

VII of this Act" were

.

ACT XV OF

1882] Presidency

21

Small Cause Courts Act, 1882

CHAPTER XI

MISCONDUCT

1[78.

OF INTERIOR MINISTERIAL

OFFICERS

[Power tofine Officers.] Rep. by the A. O. 1937.

79. If any clerk, bailiff or other inferior ministerial officer of the Small DefaultofCause Court, who is employed as such in the execution of any order or other
bailiffor
officer
.
or omISSIOn,
an Op por t um ty o.f In execu t IOn
warran, t 1oses, b y ne glec t , connIvance
.
'

'

'

executing such order or warrant, he shall be liable, by order of the Chief of order or
Judge, on the application of the person
vance or omission, to pay such sum not
for whiGh the said order or warrant was
Chief Judge, represents the amount of

person thereby.

injured by such neglect, c!1ni- warrant.

exceeding in any case the sum
issued, as, in the opinion of the
the damage sustained by such

Extortion or
80. If any clerk, bailiff or other inferior ministerial officer ofthe.Small
default of
Cause Court is charged with extortion or misconduct while acting under officers.
colour of its process or with not duly paying or accounting for any money
levied by him under its authority the Court may inquire into such charge,
and may make such order for the repayment or payment of any money so
extorted, or of any money so levied as aforesaid, and of damages and costs,
by such officer, as it thinks fit.

81. For the purposes of any inquiry under this Chapter, the Small
Cause Court shall have all the powers of summoning and enforcing the
attendance
of. witnesses and compelling the production of documents
which it possee~es in suits under this Act.

Court
empowered
to summon
witnesses.
etc.

82. Any order under this Chapter for the payment or repayment of Enforcement
mo:ney may, in default of payment of the amount payable thereunder, be for order.
enforced by the person to whom such amount is payable as if the same
were a decree of the Small Cause Court in his favour,

CHAPTER XII

CONTEMfYf OF COURT

83. [Procedure oj Court in certain cases oj contempt.

Repealing and Amending Act, 1914 (10 oj 1914).

J Repealed by the

84. [Record in such cases. J Repealed by the Repealing andAmending

Act, 1914 (10 oj 1914).

85. [Procedure where Court considers that case should not be dealt
with under section 83.J Repealed by the Repealing and Am'ending Act,
1914 (10 oj 1914).
.
86. [Discharge oj offender on ~ubmission oj apology.J
the Repealing and Amending Act, 1914 (10 oj 1914).
I

Repealed

by

This power is now regulated by rules made or deemed to have been made under Art. 309
of the Constitution of India.

22

Imprisonment or
committal
of person
refusing to
answer or
produce
document.

Presidency

Small

Cause

Courts

Act, 1882

[ACTXV OF 1882

87. If any witness before the Small Cause Court refuses to answer
such questions as are put to him, or to 'produce any document in his
possession or power which the Court requires him to produce and does
not offer any reasonable excuse for such refusal, the Court may sentence
him to simple imprisonment, or commit to the custody of an officer of the
Court; for any term not exceeding seven days, unless in the meantime
such 'renO/on consents to answer such. questions or to produce such
document" ,as the case, may be, after which, in th~ event of his persisting
in his refusal, he may be dealt with according to the ,provisions of
sections 1[480 or ,section 482 of the CoGle of Criminal Procedure, 1898
.
(Vof1~98)],*

Appeal from
orders
under
section 87.

88.

Any person

deeming

himself aggrieved

by an order under

2***

section 87 may appeal fo the High Court, and the provisions of the 3[Code ,of Criminal Procedure, 1898 (V of 1898)]* relating to appeals shall, so far
as may be, apply to appeals under this section.
CHAPTER XIII
MISCELLANEOUS

Persons by
whom
process
may be
served.

89. Notices to produce documents, summons to witnesses, and all

other process issued in the exercise of any jurisdiction conferred on the
Small Cause Court by tJ:1isAct, except summonses
to defendants and
writs of execution, may, if the Court by general or special order so directs,
be served by such persons as the Court, from time to time, appoints in this
behalf.

Registers
and
returns.

90. The Small Cause Court shall keep such registers, books and
accounts and submit to the High Court such statements and returns, as
may, subject to the approval of the 4[State Government], be prescribed by
the High Court.

Court-to
furnish
records,
etc., caned
for by State
Govemment
or High
Court.

91. The Small Cause Court shall comply with such requisitions as
may, from time to time, be mqde by the4[State Government] or High Court
for records, returns and statements in such form and manner as such
Government or Court, as the case may be, thinks fit.

Holidays
and
vacations.

92. The Small Cause Court shall, at the commencemept

of each year
draw up a list of l,1olidays and vacations to be observed in the Court, and
shall submit the same for the approval of the 5[High Court].
Such list,
when it has received such approval, shall be published in the 6[Official
Gazette], and the said holidays and vacations shall be observ:ed accordingly.
2

Subs. by Act 10 of 1914, s. 2 andSch. 1 for "83 or s. 85".

The words and figures "s. 83 or" rep. by s. 3 and Sch. A; ibid.

Subs. by s. 2 and Sch. 1., ibid.. for "Presidency Magistrate Act. 1897".

5
6

Subs.
Subs.
Subs.

by the A. O. 1950.
.
by Born. 17 of 1952. for "State Govemment",
by the A. O. 1937, for "Local Official Gazette".

s. 6.

ACT XV OF

93.

1882] Presidency

The 1[President] 2* * the Governors of3[Madras], 4[Maharashtra

and I[West Bengal], 5[ ] ** * * * ] and the . Chief Justice

the High Court 6[ * * * * ] shall not be lIable to arrest
Small Cause Court.
94.

23

Small Cause Courts Act, 1882

Certain

and Judges of persons

exempt
by order of the from arrest
. by Court.

No suit shall lie on any decree of the Small Cause Court.

No suit to
lie upon
decree of
Court.

95. Any person ordered by the Small Cause Court to be imprisoned

Placeof
may
be
imprisoned
in
such
place
as
the
1 [State Government]
from
time
to
imprisonment.
o
.
.
.
h If
t Ime, appOIll t s III th IS b ea.
96. If any person against whom any suit is brought for anything Tender in
purporting to be done by him under this Act, has before the institution of anythmg
suit for
the suit, tender sufficient amends to the plaintiff. the plaintiff shall not d one Uti d er
recover.

Act.

97. All prosecutions for anything purporting to be doDe under this Act Limitation
must be commenced within three months after the offence was commit- ofprosecuted.
tions.
THE FIRST SCHEDULE
[ Enactments
Rep. oythe

repealed]
Repealing Act, 1938 (I oj 1938), S. 2 and Sch.
THE SECOND SCHEDULE

[ PORTIONS

OF CIVIL PROCEDURE

Rep. by the Presidency

CODE

EXTENDING

FORMS
A

(See Section 53.)

In the Small Cause Courts Jor
"

(Plaintiff) ;

versus

,C.D.
"
2

:..:

(DeJendant).

Subs. by the A. O. 1950. .

Certain words rep. by the A. O. 1948.

'3 Subs.
4 Subs.

ibid.
by Act 7 of 1912.

COURT.

Small Cause Courts Act, 1895 (I oj 1895), S. 12.

THE THIRD SCHEDULE

A. B.

To

S. 7 and

Sch.

E.

Certain words omitted, ibid.

G The words "for Part A States" omitted
by the A. O. (2), 1956.
5

. See now the Code of Crtminal Procedure. 1973 (Act 2 of 1974).

24

Presidency

Small Cause Courts Act, 1882

A. B. oJ
, """""""""""
in, thetownof
oath [oraffirms] and saith that C. D.
just

by indebted

to

[ACTXVOF 1882

of

in the sum ofRs.

of rent of the house and premises No.

i~ the town of

.maketh
is
for arrears

situated at

due for

months, to wit, from,

.,
'i""" to .; :
"... ... ., at the rate of Rs.
Swom(oraffirmed)
before me the
day of

per mensem
20 .

Judge (or Registrar)

( The Schedules)
B
[See section 54]
In the Small Cause Court For
FORM OF WARRANT

1 hereby direct you to dist;ain the moval]le property, of C. D., on the

house and premises situateatNo.
,
, in the town of...............
for the sum of
Rs. and the costs of the distress,
according to the provisions of Chapter VIII of the Presidency Small Cause
Court Act, 1882, dated
day of.
;...20
.
(Signed and sealed).

To E. F.. Bailiff and Appraiser.

C
[See section 59)
In the Small Cause Court For
FORM OF INVENfORY AND NOTICE
.

( State particulars

oj property seized)

Take notice that I have this day seized the moveable property contained
in the above inventory for the sum of
Rs., beingthe amount
of
months' rent due to A. B.. at
la~t, and that
unless you pay the amount thereof, togetherwith the costs ofthis distress,

within I [fifteendays], fromthe date hereof, or obtain im order from one of

the Judge~ or the Registrar of the Sil1all Cause Court to the contrary. th~
same will be appraised and sold pursuant to the provisions of C4apter VIII
of the Presidency Small Cause Courts Act, 1882. Dated the ...............
~~W
~
(Signed) E. F.,
Bailiff aTJ,dAppraiser.
To C. D.
I

Subs. by Born. 11 of 1959. S. 2(c). for":'fivedays".

Ar:rXV Of

1882) Presidency Small Cause Courts Act. 1882

25

D
ISee section 64J
In the Small Cause Court For
Take notice that we have appraised the movable property seized on the
day of
;
;., under the provisions ofChapterVIIl of
the President, Small Cause Courts Act. 1882, of which seizure and
c

property a notice and inventory were duly serVedupon you (or upon

on your behalf as the case may be) under

and that the said property will be sold on
[two clear days at least qJler the date oj the notice]
pursuant to the provisions of the said
day of
20

""""""""""""""""

date the
the
at
Act. Qated this

(Signed) E. F.,

G. R..
Bail~[f and Appraiser.

To C.D.
a'he Schedules)
E
[See section 66)
In the Small Cau..<;eCourt For
.

SCALE Of FEES TO BE LEVIED IN DISTRAINTS FOR HOUSE-RENT

Sums used for

Rs.

Rs.
1 and under-5
..
5
10..
..

10.

..

15..

15
20

'"

20

"

25..

25
30

..
..

30 .;
35 ..

35
40
45
50

"
"
"

40..
45..
50 ..

..
..

60..
80..

60
80

..

.. ' 100 ..
Upwards of1O0 ..

Affidavit
and warrant
to distrain

Order to sell
-

Commission

Rs.
0

a. p.
8
0

Rs.
0

a. p.
8
0

Total

"

..

Rs.
0

..
..
..
..
..

..

8
8
12

..1 0
.. 0
.. 0

0
0
0

0
1
1

8
0
0

0
0
0

I
2
2

0
0
0

..

8
0
8

2
3
4

8
8
4

0
0
0

..
..
..
..

..
..
..
..

1
1
1
1

0
0
4
8

0
0
0
0

1
.1
2
2

0
8
0
0

0 I 43
014
0
5

2
2

0
0
0
0

5
6
7
8

..
..
..

..
..
..

8
0
8
0

0
8

0
8

0
0
0
0

0
0

2
2

8
8
12
8

0
0

6
6

0
8

0
0

10,
11

0
0

3
3

0
0

..

0
0

0
0

..

3
3

0
8

a. p.
0

.Rs.
1

a. p.
4
0

17perc(

;ntu~1rv
.~ .
The above scaJe includes all expenses, except in suits when~ the tenant
disputes the landlord's claim and witnesses have to be sub~poe:naed, in
which case each sub-poena for sums under Rs. 40 must be paid for at
four annas each, and twelve annas above that amount; and also where

peons are kept in charge of property distrained,

[such fee not exceeding

twelve annas per day as may'be fixed by the Registrar of the Small Cause
Court] must be paid per'-'---_.
man.
---'~
I

Subs;\by Born. 5 of.19:33. S. 2, for the words "four annas

A .244(,..5.

per day".

r
26

Presidency

Small Cause Courts Act, 1882

THE FOURTH SCHEDULE

[FEES FOR SUMMONSES 'AND OTHER PRocEssES.)
~,

Deleted byMah. 59 of 1977"section 7.

[ACTXVOF 1882